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ARTICLE · 08 OCTOBER 2012

The Restitution Act

Schoenherr (Schönherr Rechtsanwälte)
Schoenherr (Schönherr Rechtsanwälte)
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One of the important conditions that Serbia must fulfil as part of its EU accession is to return these properties to their former owners or heirs.

SerbiaReal Estate and Construction

After World War II, with the Communist Party's takeover of power in the former Yugoslavia, certain property was confiscated and nationalised. The confiscated property was declared state property, property of public interest, or communal property. One of the important conditions that Serbia must fulfil as part of its EU accession is to return these properties to their former owners or heirs.

On 26 September 2011 the Serbian parliament enacted the Restitution and Compensation Act (the Restitution Act). Under the Restitution Act current owners that legally acquired ownership rights over confiscated and nationalised property will remain as such. Another key principle of the Restitution Act is that restitution has priority over compensation.

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